Privacy Policy

Last Updated: 12/19/2017

This privacy policy applies to www.upwell.com owned and operated by UpWell Health ("UpWell Health"). This privacy policy describes how UpWell Health collects and uses the personal information you provide on our website: www.upwell.com. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

Introduction / About UpWell Health ("UpWell Health")

We own and operate an online social health network platform with multiple, condition-specific sites and mobile applications which we call "sites" and/or "communities."

Our mission is to empower consumers and help enable a more consumer-centric healthcare industry. We use the power of social networks to help consumers more actively navigate and manage their care. Our condition-specific websites connect patients and caregivers, unlocking new opportunities to foster engagement, peer support and knowledge-sharing.

We respect your privacy. We make it a priority to build your trust and confidence. In an effort to provide this level of trust around confidential information and privacy on the web we take the following approach to earning your trust.

First, we provide full transparency so that you know exactly what type of information we are collecting and using. The below privacy policy stipulates all of the activities we do and for what purposes.

Third, we employ third party privacy verification service to audit and confirm that we are conforming to best practices in consumer privacy.

About Your Participation

In an effort to further our mission to empower consumers and help enable a more consumer-centric healthcare industry, you may provide us specific information, including Personally Identifiable Information (defined below). This information is provided on your own volition as you do not have to join an UpWell Health community or register for offers in order to browse and read the content in the public portions of our sites. We always treat acquiring this information as a privilege and will maintain your Personally Identifiable Information as highly confidential and will not share it with anyone without your consent.

When you register to join an UpWell Health community and/or register for offers available through our advertising partners you consent to sharing information about yourself, Personally Identifiable Information, so that we can make our services and the services of our partners available to you.

When you join an UpWell Health community, you may set up your personal profile, set and update privacy settings, form relationships with other members, send messages, perform searches and queries, and transmit information through various channels. The profile you create on site will be publicly accessible unless otherwise indicated. You may change your privacy settings by visiting your community profile page.

By clicking the "Accept" button during registration or by using our sites, you explicitly accept or "opt-in", without limitation or qualification, to the collection, use and transfer of Personally Identifiable Information provided by you in the manner described in this Privacy Policy; as well as in our Terms of Use.

If you have reason to believe someone has created an unauthorized profile of you ("a fake account"), you can contact us at community@upwell.com to have us investigate and delete the unauthorized profile.

See additional information under "Your Rights as a User; Access/Choice" below.

Please read this Privacy Policy and our Terms of Use carefully as they both effect your rights and liabilities under governing laws.

You may make a copy of this Privacy Policy and our Terms of Use for your personal use. Use your browser's "Print" button to print a copy of this Privacy Policy and/or Terms of Use.

If you disagree with the way we collect and process Personally Identifiable Information on this site or offer pages, we recommend that you do not use them.

Information UpWell Health Collects

Personally Identifiable Information

Personally Identifiable Information is information you voluntarily provide and that is collected when you register for community membership or advertising offers presented to you by our Partners. Personally Identifiable Information is information that can be used to identify you, or any other individual to whom the information may relate personally. We do not collect Personally Identifiable Information unless you choose to provide it to us. Some examples of Personally Identifiable Information that we collect may include:

A first and last name

Date of Birth

A phone or other physical address, including street name, city or town

An email address

A telephone number

Any other information the permits the physical or online contacting of a specific individual

Information concerning a user that the website collects online from the user, and maintains in personally identifiable form, in combination with an identifier described in this privacy policy.

Sensitive Personally Identifiable Information

Sensitive Personally Identifiable Information (SPII) is sensitive information that you voluntarily provide and is collected when you register for community membership or advertising offers presented to you by our Partners. SPII is information that could result in substantial harm, embarrassment, inconvenience or unfairness to you if lost, compromised or disclosed, and may include:

Health condition(s)

Medications

Date of diagnosis

We understand the importance and sensitivity of your SPII, and have security in place to protect it. Access to your information is restricted to those who need it to perform assigned tasks, and follow all federal and state laws that govern the use of your SPII.

Other information

As is true with most websites, we gather certain information automatically and store it in log files. This information may include:

We do not link this automatically collected data to other information we collect about you. We may use this information in the administration of this site, to diagnose problems with our server, to improve site usability, to analyze trends, to track users' movement around the site, and to gather Demographic Information (definition below) about our user base as a whole.

Click-through URL:

In some of our email messages we use a click-through URL linked to content on our site. When visitors click one of these URLs, they pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our communications. If you prefer to avoid this type of tracking, avoid clicking text or graphic links on the site or in site related emails.

Demographic Information

Based on our collection of your geographic location such as a submitted zip code or your IP address, we may extrapolate demographic characteristics about you. This data is not unique to you but refers to selected population characteristics, based on your geo-location and may include, age, preferences, gender, race or ethnicity, occupation, career history, interests and favorites.

Behavioral Information

We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by clicking here. Please note this does not opt you out of being served advertising; you will continue to receive generic ads

Cookie and Other Tracking Technologies Information

Technologies such as: cookies, beacons, tags and scripts are used by UpWell Health and our marketing partners, affiliates, analytics or service providers. These technologies are used in analyzing trends, administering the site, tracking users' movements around the site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.

Like many companies, we use cookies for a variety of purposes to enhance your online experience, for example by remembering your log-in status, your preferred content types, etc. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

IMPORTANT NOTICE

Violation of UpWell Health' Privacy Policy and/or Terms of Use for this site may result in a user being temporarily or permanently banned from the site and UpWell Health's entire network. To prevent a banned user from being able to re-access the site by merely deleting browser cookies and creating a new login, UpWell Health may use other types of cookies to store information that would identify a banned user. Use of such cookies would constitute UpWell Health's sole use of said technology for the exclusive purpose of identifying banned users and denying site access, and said technology is not used in any other instance for tracking, profiling, or storing of user data.

Local Storage Objects

Third parties with whom we partner to provide certain features on our site or to display advertising based upon your web browsing activity use LSOs such as Flash to collect and store information.

How UpWell Health Uses Your Information

In our mission to empower consumers and help enable a more consumer-centric healthcare industry, we utilize the information collected to give you more choice and tailor information to your interests. Some of the services we provide based on the information you have given us are described below:

To allow you to create an account

To create a profile for you based on information that you have provided to us

To contact you about site updates, informational and service-related communications, including important security updates

Display relevant content we think you might be interested in based on your onsite activities and selected preferences

To provide you additional communications, information, and promotions such as newsletters

To generate internal reports about the use of our site

To enable you to provide feedback, to contact us, and for us to respond to you

To conduct surveys, questionnaires, promotions and contests, and to provide the results of such activities such as success stories and contest winners

To inform you of other offers, services, or websites available from UpWell Health or third parties including our advertising partners

To tailor advertising to you both on our site and other sites on the web based on cookie information collected on our site

Submission of your Personally Identifiable Information and accessing our sites provides you with a wealth of information including discussions, ratings and reviews, and blog postings. In most cases, this information is retained and used, for instance, so you can return to view prior messages you have sent or easily see your friend list. When you update your community membership information, a backup copy of the prior version is kept for a reasonable period of time to enable revision to the prior version of that information should the need arise.

Furthermore, we provide you with a variety of options for you to take control of your health by providing you with promotions and offers through our partnerships. When you "opt-in" to one of our partner advertising offers and you provide your Personally Identifiable Information to receive an advertising offer within or hosted on our site we are committed to providing the information you submitted to our advertising partners.

When you make such request, you provide consent for us to disclose (share, sell, rent or trade) your Personally Identifiable Information, such as your name, address, phone or address, to said third party who may then use your Personally Identifiable Information to contact you; and provide you the information, materials, products or services you requested.

In such specific cases, you may also specifically grant UpWell Health and said third party permission to contact you by telephone, mail and/or email, including phone calls that may use computer assisted technology and/or pre-recorded messages.

Occasionally we may utilize this information ourselves in an aggregate basis to understand your preferences or disclose this same information in aggregate with our sponsors and advertising partners to provide better service to you.

We respect your privacy in the utmost and commit never to pursue the following activities:

Disclose your private online communications; however, information you choose to post in public forums or comments on our sites is open to the general public and search engines. We do however provide the ability for you to de-identify your conversations through tools that we provide like anonymous Connect posting or offer privacy solutions featured in the user profile.

Share, rent, or sell or trade your Personally Identifiable Information with third parties except where you have positively and explicitly "opted-in", to an offer within or hosted on our site requesting information, materials, products or services from a third party, such as our advertising partners.

In certain circumstances we may share Personally Identifiable Information for the following purposes:

We may employ other companies and individuals, as our subcontractors, to perform functions on our behalf. These companies and individuals may not share any Personally Identifiable Information with any third party. All such subcontractors are contractually obligated to use and maintain

The authentication and verification of Personally Identifiable Information to prevent fraud on our platform.

Disclose Personally Identifiable Information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may be violating the site's Privacy Policy and/or Terms of Use.

This same disclosure policy also applies to those cases where we believe an individual may be causing injury to or interference with (either intentionally or unintentionally) the rights or property of UpWell Health, other site users, of anyone else that could be harmed by such activities.

Disclose or access Personally Identifiable Information when we believe in good faith that the law requires it, and for administrative and other purposes deemed necessary to maintain, service, and improve our products and services and/or comply with a judicial proceeding, court order, or legal process served on our website.

If UpWell Health ("UpWell Health") is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our website of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.

Your Obligation As a User

In accordance with our mission to empower consumers and help enable a more consumer-centric healthcare industry we rely on you to contribute to the user-generated platform. As you interact within the community site, you may post User Content. You do this at your own risk. Although we allow you to set privacy options that limit access by other site visitors to your profile, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may (1.) choose to share your pages, and (2.) directly provide Personally Identifiable Information and personal information to. Therefore, we cannot and do not guarantee that User Content you post on the site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the site. You understand and acknowledge that, even after removal, copies of User Content may remain viewable in cached and archived pages or if other Users have copied or stored your User Content.

Personally Identifiable Information, personal information, and other information you post in public areas of the site becomes User Content and can, in some instances, be edited but not everything posted can be. We ask that you provide references for any medical information posted which isn't your own personal experience (something you have personally undergone). User Content you post will be accessed, used, and stored by others around the world, including countries that might not have legislation that guarantees adequate protection with respect to your country of residence. By providing User Content for inclusion in our database, you acknowledge that you consent to your User Content being used as described herein. While UpWell Health takes measures to safeguard your Personally Identifiable Information from unauthorized access or inappropriate use by third parties, UpWell Health does not control these third parties and we are not responsible for their use of User Content you post or otherwise make available in public areas of the UpWell Health sites. Accordingly, you should ensure that you do not post Personally Identifiable Information or sensitive personal information in a public area of any UpWell Health site or alternatively use tools that we provide like anonymous Connect posting or offer privacy solutions featured in the user profile.

If you choose to use our invitation service to tell a friend about our site, we will ask you for information relevant to the invitation process, such as your friend's email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site. We do not store this email communication or your any information you provide about your friend.

Blog/Forum

Our website offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at community@upwell.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Testimonials

We display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at community@upwell.com.

Social Media Widgets

Our website includes Social Media Features, such as the Facebook Like button, Pinterest widget, etc. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Your Rights As a User; Access/Choice

You control which (if any) of the details of your membership profile can be viewed by other members of the community.

Accessing/Updating Personally Identifiable Information

If at any time your Personally Identifiable Information changes, you may correct, update, or amend it by logging in and editing your profile's information in the "About Me" tab. If you no longer desire our service, submit your request to community@upwell.com; which will ensure the complete removal of the Personally Identifiable Information within our community websites as well as removal from our email databases. If at any time you wish to withdraw your consent to having your Personally Identifiable Information used or disclosed to third parties please contact us at community@upwell.com and we will remove you immediately.

Data Retention

We will retain your Personally Identifiable Information as long as your account is active, or as needed to provide you services, or until you opt-out. However, we may retain certain data you provided as we deem necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or to comply with our legal obligations, resolve disputes, enforce agreements. UpWell Health disclaims any liability in relation to the deletion or retention of information. UpWell Health does not control when search engines update their cache, which may contain certain information that has since been removed from UpWell Health's publicly viewable database.

Choice / Opt-Out

You may choose to stop receiving UpWell Health newsletters or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at community@upwell.com. You may also opt-out of the community by following the instruction in the Updating Personally Identifiable Information section above.

UpWell Health Response Timeframe

We will respond to your request to access within 30 business days.

Our Advertising Partners and Our Relationships to Other Companies

In our effort to empower consumers and help enable a more consumer-centric healthcare industry, we are committed to providing a free and independent service. As a result, our site may contain information, links to other sites and advertisements of healthcare services and partners that may help you make educated healthcare choices. We are not responsible for the privacy practices or content of such websites but encourage you to evaluate their specific commitment to you.

Certain products and services marketed through the site are made available by the trusted partner companies of UpWell Health with which we have a strategic alliance. To obtain these products and services you may be required to visit another company's website or a site they share with the site. When ordering, registering for, or purchasing products or services from these partners, you will be entering into an agreement with that partner, and not with UpWell Health. In these cases, this privacy policy does not apply; instead, the privacy policy of the partner providing the goods or services will apply.

We urge you to read and understand our partners' policies before entering into agreements with them. We are committed to partnering with companies that share our privacy concerns. UpWell Health, however, cannot control the way these partners collect or use information.

If you have questions about our partners' privacy policies or the privacy policies of these other sites, we encourage you to contact them directly.

All UpWell Health offers are subject to participation by the advertising partner, product availability, and any applicable state or federal laws that govern such offers. Any offers shown are reasonable facsimiles, and participating advertising partners reserve the right to withdraw offers, substitute another product, or modify offers at their sole discretion.

Security

We use secure technology, privacy protection controls, and restrictions on employee access in order to safeguard your Personally Identifiable Information.

We use a secure, respected hosting provider for all of our sites, which are housed in a SAS 70 TYPE II certified data center.

We also use firewalls and other access controls on our servers that are monitored to help protect against security vulnerabilities.

When Personally Identifiable Information is entered or displayed on registration forms and pages, we encrypt that information. We exclusively use 2048 bit SSL certificates.

Each and every one of our employees servicing our sites are obligated to abide by the Privacy Policy. Only authorized employees servicing our sites are permitted to have access to your Personally Identifiable Information, and such access is limited by need.

Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to UpWell Health. There is no guarantee that the information may not be accessed, copied, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

Any improper collection or misuse by unauthorized third parties of Personally Identifiable Information, or other information provided on the site is a violation of the terms of use and should be reported to community@upwell.com.

Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy and our Terms of Use at any time, so please review them frequently.

If we make material changes to either our Privacy Policy or our Terms of Use, we will notify you here, or by email, or by means of a notice on our home page prior to the change becoming effective.

Although this Privacy Policy is not a contract and does not create any legal rights, it does serve as an expression of our commitment to protecting Personally Identifiable Information.

The most current version of this Privacy Policy, which supersedes all previous versions, can be reviewed by clicking on the Privacy Policy at the bottom of each page of this site.

Your use of the site and any services provided by UpWell Health after any changes to this Privacy Policy are implemented constitutes your acknowledgement and acceptance of any such changes. This Privacy Policy came into effect on the date shown as the Last Updated date at the beginning of this document.

Children

We do not knowingly collect Personally Identifiable Information for children 12 and under. We do not associate cookie data with Personally Identifiable Information about children. If we become aware that a child has circumvented this policy, we immediately terminate the related account and delete all information/date associated with the account.

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act ("California Act") and the California Business and Professions Code. As required by the California Act, this Privacy Policy identifies the categories of Personally Identifiable Information that we collect through this Site about individual consumers who use or visit this Site and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared.

Depending on the visitor's activity at this Site, certain "Personally Identifiable Information" (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term "Personally Identifiable Information" means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

A first and last name.

A home or other physical address, including street name and name of a city or town.

An e-mail address.

A telephone number.

Contact information

Any other identifier that permits the physical or online contacting of a specific individual.

Information concerning a user that the website collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

See section above entitled "Updating Personally Identifiable Information" for a description of the process that we maintain for an individual consumer who uses or visits this Site to review and request changes to any of his or her Personally Identifiable Information that is collected through this Site.

See section above entitled "Changes to This Privacy Policy" for a description of the process by which we notify consumers who use or visit this site of material changes to our Privacy Policy. The effective date of this privacy policy is the date shown as the Last Updated date at the beginning of this document.

California Shine the Light Law (SB27) Compliance Statement

Under California S.B. 27 ("Shine the Light" Law), California residents have the right under certain circumstances to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to compliance@upwell.com and please include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. We will respond to you within 30 days of receiving such a request.

How to Contact Us

We welcome your input and feedback about our sites and the services that we provide to you. If you have any questions regarding this Privacy Policy or related Terms of Use, you may contact us via: